TENNESSEE V. DUNLAP, 426 U. S. 312 (1976)

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U.S. Supreme Court

Tennessee v. Dunlap, 426 U.S. 312 (1976)

Tennessee v. Dunlap

No. 75-95

Argued March 22, 1976

Decided June 10, 1976

426 U.S. 312


The National Guard Technicians Act of 1968 provides that a National Guard technician, who is a full-time civilian employee of the Guard, must be a member of the Guard. 32 U.S.C. § 709(b). Employment as a technician may be terminated upon separation from the Guard, § 709(e)(1); for failure to meet military security requirements, § 709(e)(2); or "for cause," § 709(e)(3).

Held: Where respondent's employment as a technician was terminated under § 709(e)(1) when he was separated from the Guard upon expiration of his enlistment, § 709(e)(3)'s requirement of "cause" has no application, and hence § 709(e)(3) cannot provide the foundation for a claim that the termination of respondent's employment and the allegedly arbitrary refusal to reenlist him violated due process. Pp. 426 U. S. 315-316.

514 F.2d 130, reversed.

MARSHALL, J., delivered the opinion for a unanimous Court.

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